Holman Schiavone, LLC

Employee Rights Archives

The history of workers? compensation explained

Prior to the creation of workers? compensation, employees were left with few options if they suffered an injury on the job. They could try and negotiate a settlement with their employer, or they could file a lawsuit. Under the first option, they depended on the generosity of their employer. Under the second system, it could take years before they saw a payout. To remedy this problem, workers? compensation was invented. This post will go over the creation of workers? compensation and why it was needed.

The basics of non-compete agreements

Did you sign an employment contract or manual? If you did, you could be subject to a non-compete agreement. Non-compete agreements are controversial contracts that are used by companies to prevent their employees from working at competitive companies, including starting their own business. This post will go over the basics of a non-compete agreement (non-competes) and how they apply to you.

Review of mandatory employee arbitration clauses

A trend in employment contracts is to force employees to waive their rights to court, to file class actions, and other retaliatory actions. Instead, most of these contracts force employees into arbitration. The Supreme Court agreed to hear three consolidated actions over mandatory arbitration agreements. This post will go over these agreements and what it means that the Court is reviewing them.

Mine deaths drop in 2016, another year of progress

Mines have enjoyed decades of dramatically improved safety and 2016 was no exception. Mines were once one of the most dangerous places to work. Explosions, cave-ins, and fatalities were common. But in the 1970s, with the Mine Safety Act, the United States has taken a dramatic turn and significantly improved the health and safety of mine workers. In fact, the U.S. as enjoyed year over year increases in safety and a clear long-term drop in fatalities.

ERISA preemption

The Employee Retirement Security Act regulates how employees receive their health and other benefits from the employers. It also protects private pension and health plans in case there is any mismanagement. But sometimes employees are deprived of protections in bad faith claims. It is important to understand ERISA preemption laws and how they might affect you.

Employee rights: medical marijuana use

The question that is probably swirling around in many people’s heads (especially after this election) is can your employer punish you for the lawful use of marijuana on your personal time? The short answer is yes; your employer may fire you for smoking marijuana in your spare time, in your home. This post will go over your rights and their limitations regarding marijuana use.<

Last paycheck laws in the U.S.

When you leave a job, you receive your last paycheck regardless of the reason. Being fired, quitting your job or leaving for any other circumstances requires that your last paycheck be paid on time. There are several federal and state laws that deal with last paychecks of certain employees. However, the laws might be different for employees who quit and employees who are fired by the employer. Employers may face severe consequences if they fail to comply with the laws that are in place.

Important considerations for performance evaluation

Most employees worry about their annual performance evaluation because they feel they have no control over what decision will be made. The top management discusses the performance of each employee and critically analyzes it. Although you might feel that you have no power to change the outcome of your performance evaluation, there are several things you can do to affect your evaluation.